N.J. Admin. Code § 15:3-5.1 - Registration ofimaging processing systems; purpose
(a) The
Division, with the approval of the State Records Committee as established
pursuant to P.L. 1953, c. 410 (N.J.S.A. 47:3-20),
promulgated at N.J.A.C. 15:3-4, "standards, procedures and rules for image
processing of public records for the preservation, examination and use of such
records, including indexing and arrangement thereof," as required by P.L. 1953,
c. 410 (N.J.S.A. 47:3-26) as amended, and
P.L. 1994, c. 140 (N.J.S.A. 47:1-12). This subchapter
sets forth procedures to be used by government agencies for the registration of
image processing systems for public records and an annual review of the same
per the provisions of P.L. 1994, c. 140, including section 6 of the same
(N.J.S.A.
47:3-20, as amended), and
N.J.A.C.
15:3-4.7. For purposes of this subchapter,
"registration" means a process through which the Division determines whether
image processing systems employed by government agencies comply with the
requirements set forth at N.J.A.C. 15:3-4 and in so doing, enable the
responsible government agencies to dispose of the original records that have
been converted to images and stored on the systems.
(b)P.L. 1994, c. 140 amends section 12 of
P.L. 1953, c. 410 (N.J.S.A. 47:3-26) and other
sections of the New Jersey Statutes to allow the use of image processing
systems for keeping public records under standards, procedures, and guidelines
established by the Division, with the approval of the State Records Committee
(see N.J.A.C. 15:3-4). Per Article 6 of P.L. 1994, c. 140 and
N.J.A.C.
15:3-4.7 (e), the Division is required to
review and approve image processing systems used by government agencies for
public records, and to conduct annual reviews of said systems. This subchapter
implements these requirements.
(c)P.L. 1994, c. 140 provides for the
replacement of paper records and records on other media with copies of the
records in image processing systems and for the disposal of the original
records with the approval of the State Records Committee under certain
conditions. The conditions for disposal of original records include conformance
with established standards for image processing systems and any related record
retention schedules approved by the State Records Committee and that such
disposal is not contrary to any other State or Federal statutes or regulations.
These conditions include that such systems conform to State standards for image
processing systems for public records and an annual review to confirm the
continued compliance of the same. Evidence of compliance with such standards
shall be required by the State Records Committee prior to approval of disposal
of public records on an image processing system.
(d) The intent of P.L. 1994, c. 140 is to
ensure the preservation, integrity, and accessibility of public records in
image processing systems through the establishment of relevant standards,
procedures, and guidelines. The implementation of procedures for registration
and review of image processing systems ensure the preservation of public
records created and maintained on image processing systems and aid in the
future in the migration of records and other data maintained on such systems to
new record keeping systems or other record storage media.
(e) As long as these standards, procedures,
and guidelines are followed, image-processed documents can be used in evidence
in any court or proceeding in New Jersey with the same force and effect as the
original public record. The implementation of procedures for registration and
review of image processing systems ensure the continued evidentiary value of
public records created and maintained on image processing systems.
Notes
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